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HomeMy WebLinkAboutMarch 16, 2010CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, MARCH 16, 2010 CALL TO ORDER - Mayor Wuo called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person) CLOSED SESSION 52:0039 a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Administrative Services Director Hue Quach and Human Resources Administrator Michael Casalou. Employee Organizations: Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees. b. Pursuant to Government Code Section 54956.9 (a) conference with real property negotiators: STUDY SESSION Property: 21 Morlan Place Agency Negotiators: City Manager /Agency Executive Director, Development Services Director /Deputy Executive Director and the Economic Development Manager Negotiating Parties: Arcadia Redevelopment Agency and Rusnak/Arcadia Mercedes Benz. Under Negotiation: Price and Terms of Payment a. Report, discussion and direction regarding Arcadia Redevelopment Agency finances, priority projects and the Redevelopment bond reauthorization and funding for the Gold Line grade separation. Jerry Schwartz, Economic Development Manager provided background information regarding when the Redevelopment Agency was established and when the Central Redevelopment Project Area was formed; he explained how redevelopment is funded through the incremental increase in property taxes in the Central Project Area which is known as tax increment; that a greater percentage of property tax is returned to the Redevelopment Agency for reinvestment in the Project Area; and that the Agency shares its tax increment with other taxing entities including L.A. County, school districts and special districts and receives approximately 50% of the total tax increment before sharing it with those other taxing entities. He reported that in order to collect tax increment, the Agency has to show it has debt. 1 03 -16 -10 He noted that since the Project Area was established, the Agency's gross tax increment has grown to over $4.3 million dollars, that 20% goes to low /mod housing set aside; that this money funds all activities, operating costs, bond payments, payments to other taxing entities and Supplemental Educational Revenue Augmentation Fund (SERAF) payments. He explained that the Agency issued bonds to pay for the construction of the Public Works Yard, Police Station, and the Gilb Historical Museum and other public improvements; he reported that since 1974, the Agency has assisted in the development of six major hotels, nineteen office buildings, four restaurants, and more than 1,400 full time and 2,000 part time jobs; and discussed potential Redevelopment projects. Hue Quach, Administrative Services Director discussed repayment of the Housing Set -a -Side Fund; cash balances, operating and capital expenditures, ERAF payment and housing fund deferred payments including funds available for development projects including the issuance of bonds. The City Council and Redevelopment Agency Board directed staff to continue working with its financing team towards the potential issuance of a tax allocation bond financing. Mr. Penman noted that no action was required; however a Special Study Session meeting is proposed for March 23, 2010 at 8:30 a.m. to discuss the Grade Separation at Santa Anita Avenue. THE CITY COUNCIL/REDEVELOPMENT AGENCY ADJOURNED TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION - Reverend Larry Eckholm, Lutheran Church of the Cross PLEDGE OF ALLEGIANCE - Tom Tait, Public Works Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None 52:0040 REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council and Redevelopment Agency Board met in Closed Session to discuss the two (2) items listed on the posted agenda, no reportable action was taken. Mr. Deitsch further reported that the City Council and Redevelopment Agency Board also conducted a Study Session to hear a report and to discuss and provide direction regarding Arcadia Redevelopment Agency finances, priority projects and proposed potential bond issuances; in addition he reported that the City Council and Redevelopment Agency Board did the same with respect to a potential Gold Line Grade Separation financing; and that the City Council and Redevelopment Agency Board provided direction to staff to proceed to continue to work with its financing team towards the potential issuance of a tax allocation bond financing. 2 03 -16 -10 PRESENTATIONS a. Presentation to City Employees by the Arcadia Chinese Association. 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: CITY COUNCIL ITEMS: 3 52:0041 SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman announced that there were no supplemental reports regarding agenda items but that Public Hearing Item 1.a will be pulled from the agenda and will be rescheduled and renoticed to a future date. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tem /Agency Vice Chair Amundson, seconded by Council /Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. a. Authorize the Executive Director to execute a lease with Rusnak/Arcadia for the property at 21 Morlan Place and adopt a categorical exemption from CEQA regarding the lease (Continued from March 2, 2010) Recommended Action: Approve Mayor Wuo announced that this item has been removed and will be rescheduled and renoticed to a future date. b. Approve the 2009 -2010 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. Recommended Action: Approve City Clerk James Barrows reported that on February 16, 2010, the City Council adopted Resolution No. 6709 declaring its intent to authorize the abatement of noxious weeds, rubbish and refuse from various properties in the City of Arcadia by the Los Angeles County Agricultural Commissioner; that a public hearing for set for March 16, 2010 in order to hear objections from the property owners of those affected properties. He advised that staff recommends the City Council approve the 2009 -10 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances on those properties within the City of Arcadia. Mayor Wuo opened the public hearing. No one appeared to provide testimony. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Harbicht and seeing no further objection, Mayor Wuo declared the public hearing closed. 03 -16 -10 52:0042 It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to approve the 2009 -2010 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None c. Consideration of Ordinance No. 2269 approving Zone Change No. ZC 09 -01 to rezone the property located at 728 West Huntington Drive from "C -O & D" (Professional Office with a Design Overlay) to "R -3" (Multiple Family). Recommended Action: Introduce Lisa Flores, Senior Planner, explained that this request to rezone subject property from C -O & D (Professional Office with a Design Overlay) to R -3 (Multi - Family Residential) will make it more consistent with the General Plan land use designation of Multi - Family Residential with a density of 24 dwelling units per acre; that the proposed zone change will be consistent with the General Plan update and with the multi - family residential properties to the west and south; and that a residential use on the property will be less intrusive and more compatible with the neighboring residential uses. She noted that the Planning Commission approved the proposed zone change and recommends approval. Council Member Kovacic reported that as a member of the Historical Society, he contacted Carol Libby, who is the resident expert on the history of Arcadia and found out that the subject property has been in existence for many years; that the property has no real historical significance but it was the home and office of a well known and respected dentist named Doc Wilcox and that according to Carol Libby, she would swim in his pool periodically and that he was generous with his time and talents. He did request that if staff can check with the property owner to see if the Historical Society can photograph the property before it is demolished. Ms. Flores responded that she would check with the property owner. Mayor Wuo opened the public hearing. In response to Council Member Kovacic's request for the Historical Society to photograph the property before it is demolished, Hank Jon, Civil Engineer representing the property owner responded that the property owner has no objection to the City's request and that staff should contact him to make arrangements. No one else present. A motion to close the public hearing was made by Council Member Harbicht, seconded by Council Member Chandler and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call vote to introduce Ordinance No. 2269 approving Zone Change No. ZC 09 -01 to rezone the property located at 728 West Huntington Drive from "C -O & D" (Professional Office with a Design Overlay) to "R -3" (Multiple Family) and adopt the Negative Declaration. 4 03 -16 -10 AYES: Council Member Chandler, Kovacic, Amundson, Harbicht and Wuo NOES: None ABSENT: None PUBLIC COMMENTS 52:0043 Jolly Wu, Arcadia resident, appeared and addressed her concerns regarding the City's Paramedic Subscription Program; that Methodist Hospital does not accept Blue Cross Insurance; that she received a bill from Blue Cross when her husband was in a car accident and taken to Methodist Hospital and she wanted to go to another hospital because of the Blue Cross issue at Methodist Hospital. Mayor Wuo responded that Methodist Hospital does not have a contract with Blue Cross at this time and are working on trying to get a contract in place; however, did note that if it is an emergency Blue Cross has to cover it. John Murphy, Arcadia resident appeared and commented on the 300 to 400 feet of street at Highland Oaks that is in deplorable conditions; that he discussed this with Mr. Penman and was advised that because this is not an approved budget item, funds to make the repairs would have to be appropriated. Mr. Murphy discussed some suggestions to resolve the issue and hopes that the City can come up with some money to make the repairs; he also stated that there is another bear; and suggested that the City communicate with residents to take their trash out in the mornings rather than the night before. In response to Mr. Murphy's comments regarding the street conditions on Highland Oaks, Mr. Penman responded that there are 41 Stone Pines on Highland that have severe root problems; that the situation is a little more complicated than just the roots because the trees are large and top heavy and cutting only the roots may cause the trees to become unbalanced; that $25,000 a year is budgeted just for those trees and as part of the budget process and alternatives to resolve the issue will be submitted for City Council consideration. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK In response to an inquiry from Council Member Kovacic regarding the people camping overnight in front of City Hall, City Manager Don Penman responded that the City was accepting the first 200 firefighter applications at 7:30 a.m. the following morning and that individuals started lining up early the day before. Mr. Kovacic thanked the Chinese Association for honoring the City employees; he also noted that the Arcadia Chinese Association is the primary sponsor of Law Day which will take place on May 8 at the Library. Council Member Amundson noted that on March 4 the Arcadia Police Department put on a "Don't be a Victim" workshop; that it was a very informative and educational and wished that more people would have attended; he encouraged residents to call the police when in doubt and don't be a victim. He announced and commented on the Nixel program through the police department and reminded residents that the City's website has valuable information. 5 03 -16 -10 Council Member Chandler announced that on March 9 the Arcadia Assistance League celebrated its 40 Anniversary of Operation School Bell; he reported that his vote by mail ballot with the City Clerk office return address on it was returned to him by the post office and that voters should contact the City Clerk's office if their vote by mail ballot is returned back to them. In response to comments raised by Council Member Harbicht regarding the bike and parking lanes on North Santa Anita Avenue, Phil Wray, Deputy Director of Development Services /City Engineer responded that after he inspected the location, it was determined that the stripping will be moved over about a foot. Mr. Penman advised that modifications can be made tonight or the item can be deferred until contact is made with the contractor regarding the extra cost; however, that because it is not on the agenda, no decision can be made at this time. Council Member Harbicht agreed with Mr. Wray's suggestion to move the stripping over about a foot. Council Member Kovacic announced that the City bike ride is scheduled for May 1, 2010. City Attorney Steve Deitsch advised the City Council that if two findings are made, the item can be added to the agenda for consideration; he announced that the findings would be that there is a need to take immediate action and that the need to take action came to the attention of the City Council after the agenda was posted and requires 4 /5 vote by the City Council. Council Member Harbicht noted that if the City Council is comfortable with moving the stripping over, then there would be no need for action. It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call vote that there is a need to take immediate action and that the need to take action came to the attention of the City Council after the agenda was posted and requires a 415 vote for approval. AYES: Council Member Chandler, Kovacic, Amundson, Harbicht and Wuo NOES: None ABSENT: None AYES: Council Member Harbicht, Kovacic, Amundson, Chandler and Wuo NOES: None ABSENT: None 6 52:0044 Council Member Kovacic announced the two options as (1) proceed as recommended by Mr. Way or (2) defer action for a couple of weeks to review the bike lane and bring back to a future meeting. After some discussion by the City Council and staff, it was moved by Council Member Harbicht, seconded by Council Member Kovacic to move the lane over about a foot as recommended by Mr. Wray. In response to an inquiry by Mr. Harbicht regarding the height of hedges, Mr. Kruckeberg responded that 3 1 /2 feet is the height limit of vegetation within the triangle near an intersection. Mr. Harbicht commented on the lack of visibility on some corners within the City and residents should contact the City if they have complaints. 03 -16 -10 City Clerk Barrows announced the City /Civitan Elementary School Track Meet on March 17 and on March 24 is the Middle School Track Meet. Mayor Wuo also commended the Operation School Bell program and thanked the Assistance League for all they do for the kids; he noted the read a book program at the Library and thanked the Arcadia Beautiful Commission for sponsoring that event; he reminded everyone about the Mayor's Community Breakfast at the Frontrunner Restaurant at Santa Anita which is also their 75 Anniversary; and reported that the City Newsletter has a lot of valuable information regarding City activities and events. Mr. Harbicht commented on the St. Baldrick's Childhood Cancer Fundraiser that took place at Matt Denny's last week and heard that 40 Arcadia Firefighters had their heads shaved; that the goal was to raise $30,000 and it looked like they raised $40,000. He congratulated everyone who participated in the cause especially the Arcadia Firefighters who have been the driving force behind this event for the last 5 years. 2. CONSENT CALENDAR CITY COUNCIL ITEMS: 52:0045 a. Adopt Ordinance No. 2264 amending Section 2664.5.1 of the Arcadia Municipal Code requiring operators to pay all taxes, interest and penalties as a condition precedent to seeking judicial review of a determination of transient occupancy tax liability. Recommended Action: Adopt b. Introduce Ordinance No. 2271 adding Section 1090 to Chapter 9 of Article I of the Arcadia Municipal Code requiring persons filing legal action against the City challenging liability for taxes, assessments or fees to pay all said taxes, assessments, fees, interest and penalties as a condition precedent to seeking judicial review. Recommended Action: Introduce c. Authorize the City Manager to execute a Professional Services Agreement with Stetson Engineers, Inc. to prepare a Water Supply Assessment for the 2010 Urban Water Management Plan and General Plan EIR in the amount of $24,600. Recommended Action: Approve d. Authorize the City Manager to execute a contract with S. J. Grigolla Construction Company for Second Avenue Accessibility Project in the amount of $58,367.25 and approve a 10% contingency. Recommended Action: Approve e. Authorize the City Manager to execute a contract with D & J Foothill Electrical Contractors Inc. for the installation of electrical lighting and equipment at First Avenue Middle School in the amount of $79,945. Recommended Action: Approve 7 03 -16 -10 52:0046 f. Waive expenses related to traffic control services for the Sixteenth Annual Santa Anita Derby Dav 5K to be held on Saturday, April 3, 2010. Recommended Action: Approve g. Authorize the City Manager to execute a Grant Application for receipt of FY 2010 Federal Funds requiring City matching funds for water system improvements. Recommended Action: Approve Council Member Amundson noted that when the City and School Board met, they were not going to allow non - school children on the field because of all the work that had been done. Mr. Tait responded that the fields will be closed periodically to allow them to recover, but did not think that the intent was to keep people off the field and confirmed that the public will have access to the field. In response to a question raised by Council Member Kovacic regarding light use, Mr. Tait responded that more teams will use the field which means that we should get 100% use of the field on any given evening. It was moved by Council /Agency Member Chandler seconded by Council /Agency Member Amundson and carried on roll call vote to approve Consent Calendar items 2.a through 2.g. AYES: Council /Agency Member Chandler, Amundson, Harbicht, Kovacic and Wuo NOES: None ABSENT: None 3. CITY MANAGER ITEMS /EXECUTIVE DIRECTOR ITEMS: a. Authorize a direct mail marketing project to promote restaurants located in Downtown Arcadia. Recommended Action: Approve Linda Garcia, Communications, Marketing and Special Projects Manager reported that in conjunction with the Chamber of Commerce, the City is taking a more assertive approach to the "Shop Arcadia" campaign to promote the concept of shopping locally for goods and services; that the Redevelopment Agency Board approved a program that will involve the use of Agency marketing funds to promote, through a direct mail discount card, sit down restaurants located in the downtown area would have to commit to offer patrons a 15% discount on their meal purchase within a specified period of time. She explained the importance of sales tax revenue to the City; that the campaign will remind people that sales tax is returned to the City if purchases are made in Arcadia. She explained that the Redevelopment Agency has a marketing budget with funds available to cover the cost of approximately $6,400 - $6,500 and noted that no general fund money will be used. Beth Costanza, Chamber of Commerce President commented on the "Shop Arcadia "campaign and how important the tax dollars are to Arcadia. 8 03 -16 -10 52:0047 It was moved by Council Member Harbicht, seconded by Council Member Amundson and carried on roll call vote to authorize staff to proceed with the Downtown Arcadia restaurant marketing project as outlined in the staff report. AYES: Council /Agency Member Harbicht, Amundson, Chandler, Kovacic, and Wuo NOES: None ABSENT: None b. Authorize the City Manager to execute a Professional Services Agreement with IBI Group to provide design services for the Santa Anita Grade Separation Bridge Concepts in the amount of $19,000. Recommended Action: Approve Phil Wray, Deputy Director of Development Services /Engineering reported on the award of a Professional Services Agreement with the IBI Group to provide design concepts for the Santa Anita Grade Separation as part of the Gold Line Foothill Extension Project; he further reported that on February 16 staff presented for consideration additional improvements on the elements of the Gold Line project; that the City Council expressed interest in exploring improvements to the bridge design and gave staff direction to prepare design concepts and bring back for consideration. Mr. Wray noted that the City Council's concept to the bridge design were expressed as modest, conservative with a historic, WPA, art deco motif using concrete without adding other materials; he further noted that in order to obtain the conceptual bridge design, the City requires the service of a qualified bridge architectural /engineering firm; that IBI Group has assisted the City on various tasks associated with the Gold Line Project; that IBI is a large planning, engineering and architectural firm with experience in large transportation projects including bridges; and that over the past few years have assisted the City as an independent third party to review preliminary engineering plans and traffic analysis. Mr. Wray advised that based on IBI's experience and previous knowledge of the project they make a good candidate for the services being requested; that a proposal has been received in the amount of $19,000 to prepare conceptual bridge design concepts and a photo simulation. Mr. Wray advised that the cost is reasonable and requests authorization to enter into a Professional Services Agreement with IBI Group to provide design services for the Santa Anita Grade Separation Bridge Concepts in the amount of $19,000. Mr. Penman announced that a Special Study Session is scheduled for Tuesday, March 23, 2010 at 8:30 a.m. to discuss and review the bridge design concepts. It was moved by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call vote to authorize the City Manager to execute a Professional Services Agreement with IBI Group to provide design services for the Santa Anita Grade Separation Bridge Concepts in the amount of $19,000. AYES: Council /Agency Member Chandler, Kovacic, Amundson, Harbicht and Wuo NOES: None ABSENT: None 9 03 -16 -10 ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting at 9:00 p.m. in memory of Jim Ellsworth and Doug Speck to Tuesday, April 6, 2010, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. ATTEST: Y z--- ames —`---- H. Barrows, City Clerk 10 Joh • Wuo, Mayor 52:0048 03 -16 -10